Florida Senate - 2010                                     SB 606
       
       
       
       By Senator Gelber
       
       
       
       
       35-00552A-10                                           2010606__
    1                        A bill to be entitled                      
    2         An act relating to the termination of a residential
    3         rental agreement upon foreclosure; creating s. 83.683,
    4         F.S.; providing that a purchaser of residential
    5         property in foreclosure may terminate a tenant’s
    6         residential rental agreement under certain
    7         circumstances; providing an exception for an immediate
    8         purchaser intending to sell the property to a buyer
    9         who intends to occupy the foreclosure premises as his
   10         or her primary residence; setting forth the content to
   11         be included in the termination notice to be given to
   12         the tenant; providing certain exceptions to
   13         application of the act; requiring the immediate
   14         purchaser named in the certificate of title to credit
   15         the tenant’s account for any deposit money paid by the
   16         tenant and for any advance rent for the unexpired
   17         rental period; providing for future expiration of the
   18         act; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 83.683, Florida Statutes, is created to
   23  read:
   24         83.683 Termination of rental agreement upon foreclosure.—
   25         (1)(a) Upon issuance of a certificate of title pursuant to
   26  s. 45.031, if a tenant is occupying the residential premises and
   27  is not excluded by subsection(2), the immediate purchaser named
   28  in the certificate of title takes title to the residential
   29  premises as a landlord, and may terminate the residential rental
   30  agreement by delivering a written 90-day notice to the tenant.
   31         (b)1. If there is an existing written rental agreement
   32  entered into before the certificate of title was issued, the
   33  tenant may remain in possession of the premises until the end of
   34  the lease term or at least 90 days following the date the tenant
   35  receives a copy of the written notice of termination, whichever
   36  is greater.
   37         2. However, if the immediate purchaser named in the
   38  certificate of title sells the premises to a purchaser who will
   39  occupy the premises as a primary residence, the immediate
   40  purchaser may terminate the written rental agreement and the
   41  tenant is entitled to a written 90-day notice of termination.
   42         (c) The 90-day notice to terminate the rental agreement
   43  must be in substantially the following form:
   44  
   45         You are hereby advised that your rental agreement is
   46         terminated effective 90 days following the date that
   47         this written termination notice is delivered to you,
   48         or at the end of the term of your written rental
   49         agreement, whichever is later, and that I demand
   50         possession of the premises upon that date. You are
   51         still obligated to pay rent during the 90 days or
   52         during the term of your written rental agreement, in
   53         the amount you have been paying. Rent shall be
   54         delivered to [name], [address].
   55  
   56         (d) Delivery of the written notice must be in the manner as
   57  provided in s. 83.56(4).
   58         (2) Subsection (1) does not apply if:
   59         (a) The mortgagor being foreclosed, or the child, spouse,
   60  or parent of the mortgagor being foreclosed, is occupying the
   61  dwelling unit being foreclosed, unless it is a multiunit
   62  property and other tenants occupy dwelling units;
   63         (b) The rental agreement is not an arms-length transaction;
   64  or
   65         (c) The rental agreement allows rent that is substantially
   66  less than the fair market rent for the premises, unless the rent
   67  is reduced or subsidized due to a federal, state, or local
   68  subsidy.
   69         (3) The immediate purchaser named in the certificate of
   70  title issued pursuant to s. 45.031 shall credit the tenant’s
   71  account for any deposit money paid by the tenant to the
   72  predecessor in interest and may make claims against the deposit
   73  pursuant to s. 83.49(1). The immediate purchaser shall also
   74  credit the tenant’s account for any advance rent for the
   75  unexpired rental period. The tenant must provide evidence of the
   76  amount of the security deposit or advance rent in order to
   77  receive the credit.
   78         (4) This section expires December 31, 2012.
   79         Section 2. This act shall take effect upon becoming a law.